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Changes in terminology for image indexing in trademark applications at IP Australia

23 April 2026

Changes in terminology for image indexing in trademark applications at IP Australia

Marion Heathcote | a principal @ Davies Collison Cave, Sydney

IP Australia has made the following changes in terminology used to index images in trademark applications:

ABORIGINE and ABORIGINE+ have been replaced with the terms ABORIGINAL and PERSON/PERSON+

NATIVE (for people-related uses) has been replaced with INDIGENOUS

FLAG,TSI has been replaced with FLAG,TORRES-STRAIT-ISLANDER

Introduction of TORRES-STRAIT-ISLANDER as a term for imagery associated with Torres Strait Islander peoples

The updates came into effect on April 13, 2026.

These changes were made after consultations with the Indigenous Knowledge (IK) Panel which is tasked to review IP Australia’s policies, processes and procedures involving Indigenous Knowledge and give feedback. Formed by the IP body in November 2024, the IK Panel consists of three Aboriginal and Torres Strait Islander experts.

According to IP Australia’s website, the updates to the terminology reflect “respectful, contemporary language.”

According to Marion Heathcote, a principal at Davies Collison Cave in Sydney, the move to update the terminology is significant as it reflects the changing attitudes being embedded by IP Australia within the operational framework of the IP system to better engage and interact with indigenous peoples and their IK.

“Within this broader landscape, for progress, there needs to be ongoing meaningful discussions with the IK Panel at all levels, including procedural and policy. Correcting referencing terminology considered outdated and pejorative to terms which are currently considered more appropriate and respectful is a necessary precursor to building a positive dialogue as a precursor to change. In this context, and within what otherwise might be considered ‘administrative mechanics,’ the update in the indexing search terms following consultation with the IK Panel becomes more meaningful,” she said.

“This change reflects IP Australia’s commitment to the IK Panel and its wider remit of ensuring decision-making and future reform includes indigenous perspectives,” Heathcote added.

- Espie Angelica A. de Leon


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